Under the Law No. 81 of 22 May 2017 on “Measures for the protection of non-entrepreneurial self-employment and measures aimed to facilitate flexibility in regard to locations and times of subordinate work”, smart working has been recently regulated in the Italian legal regime for the first time. This is a flexible style of working, regulated ....
Read moreComprehensive reform to be carried out using the ordinary wages guarantee (redundancy) Fund (CIG) as a model. The last year saw the introduction of “extraordinary” income support tools, in terms of the financial resources allocated and also in terms of the type of and procedures for availing of social security cushions during employment. The Decree ....
Read moreThe FAQ(s) aim to support employers in the correct application of existing legislation resulting from the combination of personal data protection applicable law, workplace health and safety applicable law and emergency regulations. On 17 February 2021, the Italian Data Protection Authority (the “Authority”) published on its institutional website some FAQ(s) (“Frequently Asked Questions”) concerning the ....
Read moreThe debate on the reliability of family members’ testimonies is recurrent, as they have a personal interest in the trial’s outcome. The Supreme Court has returned to the subject with its ruling no. 2295 of 2 February 2021, stating that for testimonial evidence, a witness who has a family or marriage relationship with one ....
Read moreThe Court of Trento, in a ruling dated 21 January 2021, stated that an employee who is absent from work due to a fiduciary isolation ordered due to their (avoidable) choice to spend holidays abroad constituted just cause for dismissal. The Court’s ruling stems from an appeal brought by an employee who had been dismissed because, ....
Read moreOn 21 January, the European Parliament approved the resolution containing recommendations to the Commission on the right to disconnection (2019/2181(INL). This term means – as specified by the Parliament – the “right of workers not to engage in work-related tasks or communications outside working hours by means of digital media, such as phone calls, emails ....
Read moreUnder order no. 27757, published 3/12/2020, the Cassation Court confirmed that renewal of a National Collective Bargaining Agreement (CCNL) only signed by some employer associations, has no effect on application of clauses regarding pay even for companies that belong to non-signatory unions. In detail, a worker obtained an order for payment, part for failure to ....
Read moreUnder the Law No. 81 of 22 May 2017 on “Measures for the protection of non-entrepreneurial self-employment and measures aimed to facilitate flexibility in regard to locations and times of subordinate work”, smart working has been recently regulated in the Italian legal regime for the first time. This is a flexible style of working, regulated ....
Read moreThe Court of Cassation, February 3, 2021, no. 2472 ruled that the non-pecuniary damage to professionalism must be traced back to the emerging damage and, as such, not concurrent with the formation of taxable employment income pursuant to art. 49, co. 1, TUIR. The subjection of the sums to tax and social security contributions must ....
Read moreThe Italian Data Protection Authority, with the newsletter 472 of 25 January 2021, announced that on 14 January, the EDPB (“European Data Protection Board”) adopted new Guidelines (“Guidelines 01/2021 on Examples regarding Data Breach Notification”, the “Guidelines”) aimed at supporting companies and public administration in correctly addressing data breaches and defining risk management processes. The ....
Read moreThe Court of Cassation, with its order no. 2289 of 2 February 2021, declared the failure to inform the trade unions in advance of the criteria to identify the workers to be placed under the redundancy fund and rotation methods unlawful. Facts of the case A company in receivership appealed to the Court of Cassation ....
Read moreThe Court of Florence, in a decree published on 9 February 2021, noted that the legitimacy to bring proceedings for the repression of anti-union conduct provided for by Art. 28 of the Workers’ Statute cannot be applied to the riders’ trade unions since they are not employees. Facts of the case In this case, the ....
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Sources attest that Vittorio De Luca is “always able to put himself in the position of the customer in order to fully understand the context.” Aside from advising on employment aspects of transactions, he has notable experience in negotiations with trade unions, damages claims and internal investigations.
Alberto De Luca frequently advises clients on reorganising operations and cross-border due diligence in the context of restructuring and private equity transactions. His clients include domestic pharmaceutical and energy companies.
‘The practice represents a powerful example of experts in all issues surrounding employment and labour laws and practices, providing a 100% integrated approach with all other potentially involved disciplines (e.g. tax, civil and contractual issues, etc.).’
Vittorio De Luca’s clients rely on his ‘Competence, pragmatic approach, client-oriented and brilliant capacity to deeply understand the dynamics and concerns arising from the client organization’
Alberto De Luca is one of the best employment lawyers in Milan. Very responsive and commercially minded. A perfect lawyer to work with when dealing with sophisticated international clients.’
The “outstanding” Vittorio De Luca is celebrated for his “cutting-edge skills coupled with a pragmatic and problem-solving approach”. He has “a perfect mix of theoretical legal knowledge and a strategic approach.”
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